Good afternoon gentlemen- I am a US citizen, work as a contractor

Resolved Question:

Good afternoon gentlemen- I am a US citizen, work as a contractor for US companyl living in Harrogate I have had consecutive UK Visas (NATO/SOFA agreement based) for a total of 9 years as of March of this year. I have been physically in the UK and residing here since September 2000. My job with the Contractor will conclude in December this this year and I want to remain work in the UK . My Visa doesnt expire until March 2016. My wife is Britsh, we have been married since Sept 2003, will this work VISA still be valid for me to live and work in the UK until it expries, even though I wont be under the same contracter Job as I was before? Thank you D.H

Your right to work is based on the nature of that work and the employer you are working for. If that work has ceased then your right to work would usually cease with that employment. If your new position would qualify under the same exemption then you might like to apply on that basis.

The NATO/SOFA agreement is essentially an exemption and not a specific UK Visa category and so you also cannot switch to a Spouse visa within the UK but must instead return to the US and submit an application from there.

The Spouse visa application will rely on your wife's income in the UK OR your savings, your wife's savings or joint savings unless you are exempt (wife in receipt of disability benefit, for example). You will not be able to use your income toward the financial requirement when you are applying from outside the UK.

Just to clarify my visas, my first visa, issued in March 2004 was in fact a spouse visa, the subsequent two were the NATO/ SOFA visas, would I have to return to the USA or could I just apply for a new spouse visa in Liverpool like I did in 2004?

When I first came here in September 2000, I was the American Army assiigned to a US base here in the UK on official orders. I got married to a UK citizen in September 2003, I got out of the Army in March 2004, howver I wished to remain here in the UK to work as a Contractor at the same Base.My wife and I went to Liverpool to get a VIsa and they issued me a spouse Visa, limited leave to remain for two years, I got hired in as a contrator 6 months later and was then given a SOFA stamp in my passport. Since then my subsequent visas have been the SOFA affiliated ones.

That is a shame - your Spouse visa allowed you to work in the UK and by getting other visas and not applying for ILR (Indefinite Leave to Remain, also known as Permanent Residence) at the end of the initial 2-year Spouse visa period you have lost that opportunity.

The old Spouse visa is expired and your current status does not allow you to switch within the UK so you will unfortunately have to apply from outside the UK for a Spouse visa. Once approved you will be on a 5-year path to settlement but will require an extension during that period.

Ask a Solicitor

Get a Professional Answer. 100% Satisfaction Guaranteed.

129 Solicitors are Online Now

Type Your UK Immigration Law Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).